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Research On The System Of Police Testimony In Court From The Perspective Of "trial-centered"

Posted on:2019-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J DingFull Text:PDF
GTID:2436330566481693Subject:legal
Abstract/Summary:PDF Full Text Request
In China,police testifying in court has been a major theoretical issue in the field of procedural law,and there are many problems in the trial practice.In 1996,China a mended the Criminal Procedure Law,which did not provide for the police to testify in court,and there was no mandatory provision in the judicial interpretation issued subs equently by the court and the procuratorate.China's police testifying system in 2012 h as been basically established in the implementation of the Criminal procedure Law,so that it has the connotation of the legal level.With the continuous development of the process of rule of law in our country,there will be more and more cases requiring the police to testify in court,and a higher level of the police testifying is required in court.However,from the point of view of practice,the present situation of police testifying in court in our country is not optimistic,over general system design can not be used ef fectively,and the phenomenon of police not appearing in court to testify is even more common.There are still some legislative technical deficiencies and obstacles to the im plementation of the police testifying system in court.Therefore,how to improve the p olice testifying system in court to better serve the current judicial practice has become our top priority.At present,the proposition and development of the doctrine of judici al centralism has made the system of police testifying in court to be better sublimated.The system of police testifying in court from the perspective of "taking trial as the ce nter" is a test of the application of the rules of evidence adjudication,which can impro ve the current application of pipeline mode in the current criminal procedure.Howev er,from the perspective of "taking trial as the center",the system of police appearing i n court still needs to improve its starting rules,whether the identity of the witness is a ppropriate,the ability of testifying,the responsibility of violating the system of appear ing in court and the subsequent safeguard measures,etc.In order to make the police te stify in court system better to promote the trial as the center of the litigation system re form and to better service society.
Keywords/Search Tags:centralism judgment, question the witness, appear in court as a witness, present situation of implementation, suggestion for improvement
PDF Full Text Request
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